MPs in panic over party tickets

By Alex Ndegwa and Kepher Otieno

Members of Parliament have woken up to the reality of new party rules making them captives of parties whose tickets they will seek and are now frantically looking for an escape route.

So far at least 80 MPs have ganged up, and it is believed even the silent majority are of the same view, to further dilute the Elections and Political Parties Act through fresh amendments that would guarantee losers a soft landing.

The ‘trap’ the MPs did not see as they is anchored on the fact that parties are required to submit party lists ahead of nominations – meaning after the party primaries defections would be futile because they would already be locked in.

Even in the run-up to the just concluded by-elections, some losers in The National Alliance party primaries in Kangema defected over claims of irregularities. But strict requirements in the new electoral laws to be implemented before the March 4, 2013, General Election will shut the door on the practice.

This is because political parties will be required to submit their party membership lists to the Independent Electoral and Boundaries Commission (IEBC) 15 days before they nominate candidates for various elective seats.

The implication is that even if there were a falling out at the nominations, disgruntled aspirants would not seek nomination certificates from other parties because they won’t be recognised as party members.

In any case, the Elections Act requires that a person is a member of a party for at least three months preceding the date of submission of the party list to be eligible for nomination.

Party nomination losers will not have a chance to run as Independent candidates either. To qualify for nomination as an independent candidate, a person should not have been a member of any political party for at least three months preceding the date of the election.

Similarly, nomination to Parliament is out of question for such aspirants. Parties are required to submit to IEBC in advance a list of persons who stand to be nominated to Parliament should the party secure the slots.

MPs are now looking for options that could give them a political lifeline if beaten – by still getting their names on the ballot paper. In the past losers have crossed over to small or briefcase parties and secured direct nominations, but this door is already sealed.

The MPs want party nomination arbitration tribunals, which are entrenched in law, to be bound by the book to hear and conclude complaints within a specified timeline, preferably two weeks.

The drafter of the amendment, Gwassi MP John Mbadi, argues the intention is to save the country from the avalanche of court cases arising from all levels of voting after nomination, from going to court and undermining the electoral process.

However, the truth is the MPs warming up to his amendment could have been attracted by the fact that this could be an opportunity to rewrite the timelines, and probably even bring the nominations deadline before that of submitting final party membership lists.

When told the two weeks he suggested in his proposed amendment would interfere with the 15-day period spelt out between submission of party membership lists and party primaries, Mbadi said Parliament’s Legal Department was scrutinising the proposal and would advice on legal contradictions.

“My intention is not to interfere with presentation of the party membership lists (which is 60 days to elections). If there is need to adjust that timeline backwards the legal department will advice on an amendment to that effect,” Mbadi said.  He was hinting at the possibility that something could be afoot and the anticipated court cases may not be the actual motivation. 

time limit

“Even if the time set for resolving the disputes is given three or four days or a week, we do not mind so long as there is a time limit to ensure compliance should the tribunal order repeat nominations,” he added.

Reports indicated about 80 MPs have agreed to back the proposal to amend the Act, but there is no ruling out there will be other ‘surprise’ amendments proposed on the floor in the name of making Mbadi’s suggestion stronger and better for ‘democracy’.

Budalang’i MP and immediate former chairman of House Justice and Legal affairs Committee, Ababu Namwamba, explains the new provisions had shut the door those who lost out in party nominations exploited to have their names on the ballot.

 “It could be the beginning of the end for perennial and serial party-hoppers,” Namwamba told The Standard Tuesday.

Namwamba explained after nominations had been concluded, the law presumed that all parties participating in elections had filled all the positions.

The Elections Act requires a political party that nominates a person for any election to submit to the IEBC a party membership list at least two months before the General Election.

Mbadi proposes a provision be made that two weeks of the 45 days within which nominations are concluded be dedicated to resolution of disputes.

He also argues his proposal, which he says is popular with majority of members, is informed by the experiences in party nominations for Kangema, Kajiado North, and Ndhiwa by-elections.

 “If nominations in three constituencies caused differences, you can imagine the chaos that would follow nominations by parties in 290 constituencies in addition to those for governor, senator and county representatives,” he said.

Mbadi explained if the amendment is not made, there is the danger of losers abusing courts to block valid nomination of candidates.